Excerpt: ...rsuant to Evidence Code section 452, subdivision (d), Defendants have not identified or provided the specific court records for which judicial notice is being sought. Evid. Code 5453, subd. (b) and California Rules of Court, rule 3.1305(c). Additionally, the request is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal.App.4th 1466, 1474, fn. 5. The criminal case referenced by Defendants is against an unidentified non-party and no relevance ...

Excerpt: ...ions; and (2) fails to state fact suffcient to allege a cause of action. "A fraud cause of action, whether based on intentional misrepresentation or concealment, is governed by the three -year limitations period set forth in Code of Civil Procedure section 338, subdivision (d)." Ivanoffv. Bank of America, NIA. (2017) 9 Cal.App.5th 719, 734. The FAC alleges Plaintiffs purchased the Subject Vehicle on March 21, 2019. (FAC, '14.) The lawsuit was fil...

Excerpt: ...child abuse" (Amended Complaint, pp. 1-2), such causes of achon are insufficiently pled because the Amended Complaint does not plead the elements of defamation and "child abuse" is not a cause of action. Pursuant to Code of Civil Procedure secton 430.10(f), a party against whom a Complaint has been filed may object by demurrer when the pleading is uncertain. "Uncertain" includes ambiguous or unintelligible. (ld.) Additionally, pursuant to Code of...

Excerpt: ...n their entirety. Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: "[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as follows. Section 425.16, subdivision (b)(l) requires the courtto engage in a two-step process. First, the court decides whether the defendant has made a threshold showng that the challenged cause of achon is one arising from protected activity. The moving defendant's burde...

Excerpt: ...Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2023) '1 9:82.5; see also Code Civ. Proc., S 1014 ["After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given"]. ) Here, the proof of service for the Moton to Strike only establishes Defendant Cheryl Walsh served Plaintiff and Defendant Nadia K. Starner (pro per). Walsh failed to serve the Motion on Su...

Excerpt: ...0, 11 and 12. 18 Platinum failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: "Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit." The Court expects...

Excerpt: ...ss, knowing he was deceased. Accordingly, Defendants were ordered to re-serve 7 the motion at Plaintiff's law firm address and his last known home address by certified mail. Defendant's counsel Steven Wysocky submitted his declaration regarding attempts to locate the successor in interest to Plaintiff Hugh Greg. (ROA 115). Those attempts included phone calls to numbers listed for Mr. Gregg, as well as property record searches, emails, and regular...

Excerpt: ...only to the first cause of action for violation of the California Self-Service Storage Act (Act) and second cause of acton for violation of the Unfair Competition Law (Demurrer, 1:26-2:11), while the memorandum of points and authorities argues all four causes of achon are insufficiently pled. The notice of motion must state in the first paragraph exactly what relief is sought and the grounds on which the relief is sought. Code of Civil Procedure ...

Excerpt: ...e limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues." Code of Civil Procedure S 1281.2; Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967. Similarly, public policy under federa...

Excerpt: ...ty of Fresno (1987) 192 Cal.App.3d 1436, 1442 [failure to plead equitable defenses waived those defenses]. A defendant raising such new matters must allege ultimate facts sufficient to prove the defense with the same level of detail that a plaintiff is required to allege ultimate facts to support a cause of action in a complaint. FPI Development, Inc. v. Nakashima (1991) 231 cal.App.3d 367, 384; 5 Witkin, cal. Proc. 5th (2008) Pleading, S 1082, p...

Excerpt: ...he tme for response, or unless on moton of the responding party the court has extended the time for response." Code of Civil Procedure S 2030.250. "If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: ['ll (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Secton 2030.230, as well as any objection to the interrogatories, i...

Excerpt: ...ed on theories of equitable estoppel and third-party beneficiary. Defendant, a non-party to the Retail Installment Sale Contract (RISC) containing the arbitration clause, relies on the Court of Appeal's decision in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (Felisilda). Plaintiff opposes the motion based on the more recent appellate decision in Ochoa v. Ford Motor Company (2023) 89 Cal.App.5th 1324 (Ochoa). In Ochoa, the Court of Appeal re...

Excerpt: ...he party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Secton 2031.030 and any related activities. (2)...

Excerpt: ...t of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." "As a general rule, it is well established in California that a corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney." Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals ad. (2002) 99 cal.App.4th 1094, 1101; CLD const., Inc. v. City of ...

Excerpt: ...h this Guaranty and the other Loan Documents shall be tried and litigated only in the state courts located in the county in which notice shall be sent to Lender pursuant to this Guaranty, or the applicable federal district court that covers said County." (FAC, Exhibit 2, '1 26.) Paragraph 1 of the Guaranty provides in part that Plaintiff Pramukh Financial Services' address for purposes of the Guaranty is in Union City, California, in the County o...

Excerpt: ...) the fourth cause of action is time-barred, (2) the fourth cause of action fails to plead with the required specificity, (3) the fourth cause of action fails to plead facts giving rise to a duty to disclose. 171. Statute of Limitatons Defendant contends the Complaint should have been filed by no later than July 2022 because it alleges Plaintiffs purchased the Vehicle on 7-27 - 19. (Demurrer, 7:7-20.) Further, the delayed discovery rule does not ...

Excerpt: ...ts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transpo...

Excerpt: ...on, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” “Irrelevant matter” includes allegations not essential to the claim. Code of Civil Procedure §431.10(b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179 (2010).) Conclusory allegations are permitted, however, if they are supported by other factual ...

Excerpt: ...n, filed under ROA No. 744. Objections 6 and 9-11 are SUSTAINED. The Court declines to rule on ROI's Objections to Evidence in Support of Reply filed under ROA 756 as such objections are not dispositive to the Court's ruling on this motion. ROI's Request for Judicial Notice in Support Opposition, filed under ROA No. 752, is GRANTED pursuant to Evidence Code section 452, subdivisions (d) and (h). INC moves for an order striking ROI's Cross-Complai...

Excerpt: ..., LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, the parties to an agreement may incorporate the FAA into its terms. Id. at 346-348. Moreover, the undisputed Declaration of Tabraz Rashid establishes 24 Hour Fitness is headquartered in Carlsbad, California and is a leading fitness industry pioneer with nearly four million members that span in 11 states. 24 Hour Fitness owns and operates approximately 300 clubs throughout 11 states.” (R...

Excerpt: ...n of Matthew Pardo, filed 3-1-23 under ROA No. 240 are OVERRULED. A motion for summary judgment shall be granted where there is no triable issue of any material fact and the moving party is entitled to judgment as a matter of law. Code of Civil Procedure § 437c, subd. (c).) “A defendant moving for summary judgment meets his burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the ca...

Excerpt: ... to Defendant's improper evidence. Given that Plaintiffs have had an opportunity to respond, the Court considers the Declaration on Reply and Plaintiffs' Sur-Reply. A. Legal Authority Code of Civil Procedure § 425.16 provides for a “special motion to strike” when a plaintiff asserts claims against a person “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constituti...

Excerpt: ...discloses a complete defense.” Id. The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” Id. “A demurrer must dispose of an entire cause of action to be sustained.” Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 119. Defendant demurs to the Complaint's second cause of a...

Excerpt: ...otice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii)...

Excerpt: ...amination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” “The court shall grant a motion for a physical or men...